Hartnett v. Wandell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, reversing an order of the surrogate of Albany county, dismissing the petition of Daniel Hartnett and others, creditors of Andrew Alexander, deceased, praying to have letters testamentary issued to Stephen S. Wandell revoked.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, reversing an order of the surrogate of Albany county, dismissing the petition of Daniel Hartnett and others, creditors of Andrew Alexander, deceased, praying to have letters testamentary issued to Stephen S. Wandell revoked. (Reported below, 2 Hun, 552; 5 N. Y. S. C. [T. & C.], 98.) Andrew Alexander died on the 13th day of June, 1873, leaving a last will and testament by which, after the payment of his debts, all of his estate, real arid personal, was given to his wife, Mary C. Alexander. The will…
1Opinion of the CourtAllen, J.
The sole question presented upon this appeal is as to the right of the appellant, in the absence of any objection to his personal fitness and qualifications, to receive from the surrogate of Albany county, letters testamentary as a co-executor with Mrs. Alexander, of the last will and testament of her husband, Andrew Alexander, deceased.
The right and power of a testator to provide for the due execution of his will, and the administration of his estate by a person not designated by name — that is literally “ named” by him — is the important question. Those who controvert the power of a…
2Cases cited4 opinions
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Carpenter v. CameronSupreme Court of Pennsylvania · 1838
- Bayeaux v. BayeauxNew York Court of Chancery · 1840
- Gale v. ThompsonSupreme Court of Louisiana · 1842
3Cited by5 opinions
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Tuttle v. ShortWyoming Supreme Court · 1930
- Wade v. KalbfleischNew York Court of Appeals · 1874
- Paine v. NoelkeThe Superior Court of New York City · 1878
- People ex rel. Scharff v. FrostAppellate Division of the Supreme Court of the State of New York · 1909